Uttarakhand High Court
C482/22/2022 on 7 August, 2023
Office Notes,
reports, orders
SL. or proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
C482 No.22 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Anant Dhaka, learned counsel for the
applicants.
Mr. V.K. Gemini, learned Deputy Advocate
General for the State.
The applicants to the present C482
Application are the accused persons, who have
been summoned by an order of 27.11.2021, to be
tried for the offences under Section 3/4 of the
Public Gambling Act 1867, wherein they have
been charged for the offences under Section 3/4
of the Public Gambling Act 1867.
The incident which has been complained of
in the FIR No.320 of the 2021 dated 28.09.2021,
names of the present accused persons as to be
the persons, who were involved in the
commission of the offence was shown, because
when the Police team raided the premises certain
incriminating material were found there, which
showed that they were involved in gambling with
regards to the IPL tournaments.
There were several mobile phone numbers,
which were recovered, apart from the link which
was supplied by one Mr. Vishal Tripathi @ Osho,
which was the basis of having access to the link,
which had its relation to the commission of
offence under Section 3/4 of the Public Gambling
Act, 1867.
The Gambling Act in its applicability in the
State of Uttar Pradesh, has undergone an
amendment by U.P. Act No.21 of 1961 w.e.f.
07.09.1961 and, apart from dealing with various
definition clauses, the penal clause has also
undergone an amendment, which has provided
that a conviction under the aforesaid offences
could be sentenced for a period not less than
three months but it should not exceed 12 months
and, accordingly, Section 4(2) too has undergone
an amendment in its applicability to the State of
Uttar Pradesh by the Act of 1961.
The judgment, which the learned counsel for
the applicants has relied, which was rendered by
the Co-ordinate Bench of High Court of Madhya
Pradesh (Jabalpur Branch), it is related to the
amendment act, which was made in Section 3
and 4 of the Act by virtue of the M.P. Amendment
with regards to the offences under Section 3/4 of
the Public Gambling Act 1867, which will not be
applicable in the instant case in the State of
Uttarakhand.
But having considered the allegations as
levelled in the FIR and the investigation, which
culminated after the submission of the
chargesheet, as it was submitted by the
Investigating Officer, being Chargesheet No.257 of
2021 dated 27.11.2021, prima facie, the offence
against the present applicants for their
involvement in the commission of an offence
under Section 3/4 of the Public Gambling Act
1867, is made out, on the basis of the recovery
made from the site in question, from where they
have been arrested, coupled with the other
articles which were recovered, which were said to
have been utilized for the purpose of commission
of offence under Section 3/4 of the Public
Gambling Act 1867.
Owing to the aforesaid fact, that since the
C482 Application requires a consideration of
factual aspects as to who had provided the link?
whose mobiles were utilized for the commission of
offence? the money recovered belongs to which of
the accused persons? All these are the aspects,
which require to be gone into by the trial Court
and as all these may not be the facts to be
considered under Section 482 of the Cr.P.C.
Thus, the C482 Application lacks merits and
the same is, accordingly, dismissed.
(Sharad Kumar Sharma, J.)
07.08.2023
Sukhbant
`
